Nev. Admin. Code § 322.250 - Requirements for construction and location of pier, breakwater, boat ramp, boat slip, boat fueling facility, boat house, boat hoist, water intake line or deck or similar structures; placement of certain anchors
1. Unless otherwise provided in a permit
issued by the State Land Registrar, a pier, breakwater, boat ramp, boat slip,
boat fueling facility, boat house, boat hoist, water intake line or deck or
similar structure must be constructed:
(a) As
closely to a right angle to the shore as possible; and
(b) So as not to interfere with existing
structures.
2. Except as
otherwise provided in this subsection, a structure described in subsection 1
other than a water intake line may extend only to a length that will allow
access to the water depth necessary for boats customarily in use during a
normal period of low water. If extenuating circumstances exist, the State Land
Registrar may allow an increase in the length or size of any such
structure.
3. Except as otherwise
provided in subsections 7 and 8, a structure described in subsection 1 for:
(a) Commercial use must not be located closer
than 25 feet from each adjacent property projection line.
(b) Residential use or multiple use must not
be located closer than 10 feet from each adjacent property projection
line.
4. Except as
otherwise provided in subsection 7, the anchor of a mooring buoy must not be:
(a) Placed closer than 50 feet from the
anchor of another mooring buoy.
(b)
Placed in the water at a depth greater than that necessary for the safe
accommodation of boats normally in use on the navigable body of water of this
State.
(c) Located closer than 20
feet from each adjacent property projection line.
5. The anchor of a navigational structure may
be placed closer than 50 feet from the anchor of another navigational
structure.
6. Except as otherwise
provided in this subsection, property projection lines:
(a) In Lake Tahoe must be extended at a right
angle to the shore from the low water elevation (6,223 feet) of Lake
Tahoe.
(b) Of a navigable body of
water of this State other than Lake Tahoe must be extended at a right angle to
the shore from the ordinary high-water mark of the navigable body of water.
The State Land Registrar may waive the requirements of this subsection if the State Land Registrar determines that such a waiver would provide each owner of a littoral parcel with a reasonable distribution of the area.
7. Except
as otherwise provided in subsection 8, if the placement of a structure
described in subsection 1 or 4 does not meet the setback distance required
pursuant to subsection 3 or 4, as applicable, the State Land Registrar must
receive written consent from the owner of the affected adjacent property before
the State Land Registrar issues a permit for the structure.
8. The State Land Registrar may issue a
permit for a pier or breakwater that does not meet the setback distance
required pursuant to subsection 3 without requiring the applicant for the
permit to secure consent from the owner of the affected adjacent property if
the pier or breakwater was functional before October 30, 1979, or if the State
Department of Conservation and Natural Resources or the State Land Registrar
issued a permit for the pier or breakwater before October 24, 2014.
9. A structure or facility must be designed
and installed so that it will not be damaged by anticipated natural
forces.
Notes
NRS 322.100, 322.170; NAC 445A.044
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